Juvenile Justice -- Classification of Offences -- Murder Under S.302 IPC -- Heinous offence as life imprisonment is implied minimum punishment
(i) Juvenile Justice (Care and Protection of Children) Act, 2015, S.2(33) -- Classification of Offences -- Murder Under S.302 IPC -- Life imprisonment as implied minimum punishment since Section 302 of Indian Penal Code, 1860 does not permit any lesser sentence. Word "or" between death and life imprisonment confers discretion only as to choice of punishment and does not remove the minimum. Offence therefore qualifies as heinous offence and cannot be treated as serious offence. (ii) Juvenile Justice (Care and Protection of Children) Act, 2015, S.101(2) -- Juvenile Justice -- Expert Assistance in Appeal Under S.101(2) -- Discretionary in nature, to be exercised where facts and circumstances of the case necessitate expert opinion. Mandatory requirement of expert assistance under proviso to Section 15(1) during preliminary assessment by the Board cannot be extended to appellate proceedings before the Sessions Court. (iii) Juvenile Justice (Care and Protection of Children) Act, 2015, S.15 -- Juvenile Justice -- Preliminary Assessment Under S.15 -- Independent evaluation of mental capacity, physical capacity, understanding of consequences, and circumstances of offence required, considering Social Investigation Report and Social Background Report along with expert opinion. Board cannot rely mechanically on the sole opinion of an expert while conducting the assessment.
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